Owen v. State

District Court of Appeal of Florida

Owen v. State

688 So. 2d 402, 1997 Fla. App. LEXIS 947, 1997 WL 55667

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1997

DocketNo. 95-04012

StatusPublished

This text of 688 So. 2d 402 (Owen v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owen v. State, 688 So. 2d 402, 1997 Fla. App. LEXIS 947, 1997 WL 55667 (Fla. Ct. App. 1997).

Pincite

Opinion

WHATLEY, Judge.

Darryl Owen appeals his habitual offender sentence for failure to appear in case no. 95-06691. He contends he was improperly sentenced as a habitual offender for this offense because it was committed on November 18, 1994, more than five years after he was released from parole on October 17, 1989. Owen is correct. One of the requirements for sentencing a defendant as a habitual felony offender is that the felony was committed “within 5 years of the defendant’s release, on parole or otherwise, from a prison sentence.” § 775.084(l)(a)2, Fla. Stat. (1993).

[403]*403Accordingly, we reverse Owen’s sentence for failure to appear and remand for resen-tencing within the guidelines.

Reversed and remanded.

CAMPBELL, A.C.J., and LAZZARA, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WHATLEY, Judge.

Darryl Owen appeals his habitual offender sentence for failure to appear in case no. 95-06691. He contends he was improperly sentenced as a habitual offender for this offense because it was committed on November 18, 1994, more than five years after he was released from parole on October 17, 1989. Owen is correct. One of the requirements for sentencing a defendant as a habitual felony offender is that the felony was committed “within 5 years of the defendant’s release, on parole or otherwise, from a prison sentence.” § 775.084(l)(a)2, Fla. Stat. (1993).

[403]*403Accordingly, we reverse Owen’s sentence for failure to appear and remand for resen-tencing within the guidelines.

Reversed and remanded.

CAMPBELL, A.C.J., and LAZZARA, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

688 So. 2d 402, 1997 Fla. App. LEXIS 947, 1997 WL 55667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-state-fladistctapp-1997.